In Re Miller

Oliver D. Miller died intestate, May 22d 1924, leaving an estate of some $85,000 in personalty. He had never married; he left him surviving as his nearest kin Elizabeth Curtiss, a maternal aunt, and Henry O. Miller, a paternal uncle. There also survived him a number of children of deceased uncles and aunts, and these children claim to share in the distribution as being entitled to the shares which their respective parents would have taken, if living.

The Union county orphans court decreed distribution to the surviving aunt and uncle, excluding the children of deceased aunts and uncles, and the…